Hello and thank you for joining us for our first eighteen Episodes of Fun with the FAR Season 10!
Our next session will cover: FAR Part 33 (Protests, Disputes, and Appeals)
As we prepare for our nineteenth episode of Season 10, here are a few FAR Facts for us to think about:
- For purposes of FAR Part 33, the word “day” means “calendar day.” FAR 33.101.
- No person may file a protest at the GAO for a procurement integrity violation unless that person reported to the contracting officer the information constituting evidence of the violation within 14 days after the person first discovered the violation. FAR 33.102(f).
- Agencies shall use their best efforts to resolve agency protests within 35 days after the protest is filed. FAR 33.103(g).
- A protester is required to furnish a copy of its complete GAO protest to the agency official and location designated in the solicitation or, in the absence of such designation, to the contracting officer, so it can be received no later than 1 day after the protest is filed with the GAO. FAR 33.104(a); see also FAR 52.233-3 (Protest After Award clause).
- If requested, the procuring agency is required to provide reasonable access to the GAO bid protest file to any contractor who can demonstrate that it is an interested party. FAR 33.104(a)(3)(ii).
- A procuring agency is not required to follow a bid protest decision issued by the GAO. But if the agency has not fully implemented the GAO recommendations within 60 days of receiving the recommendations, the head of the contracting activity responsible for that contract must report the failure to GAO no later than 5 days after the 60 day period. FAR 33.104(g).
- FAR Part 33 applies to all disputes with respect to contracting officer decisions on matters “arising under” or “relating to a contract.” FAR 33.203(c).
- Contractors are required to continue performance under a federal Government contract pending a final resolution of any appeal. FAR 33.213.